Hi there, My sister's husband has just this week passed away leaving over £36,000 worth of credit card debt including £16,000 to MBNA. There is no estate and he has pretty much left her in a mess financially, with no savings and just debt after debt. She is not a joint signatory and they were his credit card debts and nothing (apart from the fact she was married to him) links her to these. Will she have to pay them off (like she ever could) or do they die with him?

Yes Dx, the first one sent - all along they have been saying that because the box was ticked online that they did not uphold the appeal. This was a letter that turned up completely out of the blue and obviously quite surprising due to their previous stance on the matter. The fact that several pieces of information they gave us were wrong (including saying that PPI had been cancelled, then writing and saying this was not actually the case) then saying they would not accept the cancellation by letter and my friend would have to telephone them before thet would action this may have swung it maybe? Once again, I feel that this is a derisory offer but will we lose this if there is nothing else forthcoming from Egg? I am really confused here and need the letter to be sent today. Help please...

I have to write this letter today to Barclaycard in response to this offer of as I now find out, £736 as a supposed final offer. The way I now understand it is that Barclaycard are also liable for all the PPI payments to Egg before they took this over. Am I right in thinking this and if I turn this offer down for my friend, is there a chance that she might end up with nothing?

Barclaycard have said that this is their final offer so when you say do not accept any part offer, am I to understand that if I turn this down (on my friend's behalf) that we might lose everything if things do not go our way? Why have Barclaycard only sent SAR information from December 2011? Are they only liable from that date and is it going to be that we will have to make a separate application to Egg as I looked on their website and it said that claims had to be made via Barclaycard. There are eight more years that she has been paying PPI and surely the figure of I think £730 is a very poor and unrealistic return for this. The latter she received was dated 4th September and that if "they did not hear back a cheque for this amount would be sent" although they did not specify a time frame. I am quite confused tbh and wonder if you could perhaps explain things and make it a little clearer for me please?

Thank you Dx. My friend also had a letter from Barclaycard offering just over £700 back from them for PPI (no breakdown given) plus she is being sent £100 "for all the troubles she had had in reclaiming her money" so we were wondering if Barclaycard were just making this offer for the money that had been paid to them and. perhaps the Egg part of things would be a separate claim? I have to say that a return of £700+ to somebody who had paid PPI since 2003 would very very poor if it was to include the Egg PPi yet if she accepted this, would it jeopardise any further claim or chance of getting anything back from Egg should she accept this cash now? Do you think that this offer only goes back to December 2011 and is Barclaycard's genuine offer to pay off their part and the other PPI will have to come via Egg (or Canada Square Operations as they are now known) as to be honest it is somewhat confusing. Many thanks Janis x

Hello again, All this is still going on and just recently my friend received her SAR back from Barclaycard but despite the fact that she has been paying this since 2003, the details they provided only went back to December 2011. Is this perhaps due to the fact that this was Barclaycard bought Egg and are they liable for PPI that has been paid to them and not Egg? What I am wondering is if my attempts to reclaim her PPI might hit a full stop prior to the date Barclaycard swallowed up Egg or is it still a possibility that I may be able to claim all the way back to 2003 for her? Any advice would be greatly appreciated indeed. Many thanks. Janis x

Hello again, Well things are shall we say, starting to get interesting - or confusing, being another way to look at it. I wrote to Barclaycard on my friend's behalf at the end of June and she has just passed me a letter (dated 14th July) stating that although "you were previously advised that your PPI policy was cancelled on ** November 2011, please accept my apologies, I can confirm that your policy was sold on ** November 2003 and remains active on your Barclaycard. I note that you made a previous written request to cancel this policy but must advise you that this must be done by phone by contacting Barclaycard General Services on -------" Well to say that I am shocked and totally bemused by this letter is an understatement indeed. They are telling my friend (in a nutshell) that although they have already written to her to advise that the PPI policy was cancelled back in November 2011, this was not actually accurate and this is still live and she is still paying PPI charges. Not only that but they had received a letter (from her but written by me in early June) advising that all PPI payments were to be cancelled with immediate effect to which they replied stating that (now they say inaccurately) that her PPI was actually cancelled back in November 2011, something inexplicably they now say is not the case and the PPI on her account is still live and they will not actually cancel this until she phones their General Services Department as they cannot accept a letter of cancellation and this is the only way to do this. Frankly I have never heard of anything so cockeyed in all my life. They write initially saying the policy is cancelled then write (with no explaination) to say that no, this is not actually the case and the PPI protection is still running and can only be cancelled by a phone call. Since when did a phone call take precedence over a letter that clearly states that a person's desire and wish to cancel a PPI payment? Can this be right or are they making this up as they go along to be deliberately obstructive or are they just simply incompetent? Surely they have dug a hole for themselves here by stating a policy was cancelled yet then write to say that this was wrong and "you are actually still paying this"? I have applied for the SAR for her and await this. Any advice on the above will be greatly appreciated please gentlemen. Many thanks indeed. Janis

Thank you gentlemen. Really appreciate you taking the time to reply to my request for advice. The SAR request letter is written and will be posted tomorrow. I will certainly let you know how I get on when they get back to us. Thank you once more. Janis x

Hello Again, This site was so good last time in helping me with some problems I had been having with a most dubious debt recovery firm that I thought I would come back and ask for further debt advice in trying to reclaim PPI on an old Egg/Barclaycard for a friend of mine and hope that the very kind people here will offer me some further advice. Chatting with a friend of mine a few months ago, we were discussing PPI refunds and to my astonishment, she told me that "she was still paying PPI on her Barclaycard and had never bothered to try to reclaim or cancel this" - well to say that I was amazed is an understatement and said that having had a few dealings with banks and credit card companies over the years that not only was she insane to take this attitude, especially as she has small children and is not particularly affluent, but I would be happy to take this on for her and try to reclaim it for her. She had the credit card with Egg initially and cannot remember ever being given advice by the company on any aspect of the PPI insurance when applying for the card or memory of even ticking the box to apply for this. She is and has been before the card/PPI application, employed in quite a good job that pays three to six months sickness benefit and she has no real history of claims for long term sickness benefit throughout her ten or so years at the company. The company look after their staff, pay private health insurance for them and really, there is no real benefit to her whatsoever in having PPI, now or when she initially started the account with Egg, In her statement when I sent this to Barclaycard on her behalf a few weeks ago now, she wrote - "I took out the credit card many years ago with Egg and had no idea that I was paying PPI. I don't remember it being sold to me but if it had been offered, I would have had no need for this and would have declined the cover. The first time I was aware of paying it was when I received a statement from Barclaycard that every month I am paying this insurance. This was within the past few weeks. I have absolutely no need whatsoever for this insurance and am certain that it was neither offered to or agreed by me at any point. It might be the case then when Barclaycard took over the card from Egg, they added the PPI without my knowledge or consent" They replied back in the middle of April to say that she applied for PPI protection on Egg's website when she initially took out the card in 2003 and they were not upholding her appeal as they had viewed the documentation she saw when taking out the PPI and this was clear and accurate and that was their final response on the matter. She had not spoken to any representative and therefore had not been badly advised in any way they felt. Here things become a little contradictory to say the least. I wrote (in her name) to say how disgusted I was at this decision and wondered why with all the bad publicity PPI has had over the years, how they could morally justify continuing to take this from their customers, knowing how flawed this insurance had proved to be. Barclaycard wrote back to say that "no additional information had been received and therefore they were still upholding their original decision but wished to confirm that the PPI policy was cancelled at the end of November 2011" - something which was never confirmed or even communicated to her, either verbally or in writing. Very interestingly, she then received an "Annual Review of Optional Payment Protection Insurance on your Credit Card" dated November 2012 informing her that she had paid £300+ at an average of £27.00+ over the past year up till that date. So it would appear from this that the PPI was still being taken a year after it was stated to have been cancelled by Barclaycard and despite a further letter from me on her behalf, no confirmation has to date been received to say that this PPI payment is still being taken or has actually been cancelled by them. I love a fight and want to take this all the way. Am I right in thinking that my next move should be a SAR request and what do you think a. my next step on her behalf should be after that and b. our chances of getting her money back here after her paying PPI for at least ten years on the account. Many thanks for reading this (sorry it is somewhat longwinded) and any help will be greatly appreciated indeed. Janis x

Thank you Brigadier. I will do that tomorrow.

Okay DX. Is this a tactic that is used often? I sort of figured it was a spoof as surely if there had been any merit whatsoever in their so called "claim" against me, then they would have persued 100% long ago and not left it a year also before contacting me about this. So I should just totally ignore this now and not write to them in any form then?

Do you think that I have anything to worry about here and what would you recommend as my next course of action? Any advice will be greatly appreciated indeed. Thank you.

Yes Brigadier, 1st Credit again unfortunately. What do you think I should do? Ignore them or tell them to "get stuffed" in a strongly worded letter that once again informs them that the debt has already been settled years ago with Blair Oliver and Scott? Whatever way, they are not getting a penny out of me. Thank you for the welcome back by the way. I hope you are well and that life is treating you kindly.

Hello again all, It is over a year since I last posted here and I wonder if you might be able to give me some advice once more. Well I did ignore 1st Credit and even reclaimed PPI and charges from HBOS. Everything went completely quiet until almost a year to the day, a letter has dropped through the door today telling me that I have a "Limited Time Discount Opportunity" to pay off my (supposed) debt where if I pay 10% of what they claim is owed, they will pay 90%. This figure decreases month by month, ie 90% this month, 80% if you pay it in December, 70% in January etc. etc. Somewhat tellingly however when reading over the page it states "All payments will be accepted but only constitute an arrangement/settlement where previously agreed". Do you think this is a con to get this debt up and running again or simply the last throw of the dice to recoup a measly 10% of a debt that is either state barred or un-enforcable in court? I have to say that I thought I had heard the last of all this, especially as a year has passed since I heard from these horrible people but the most annoying thing is that I paid £1000 to Blair, Oliver and Scott years ago as a full and final settlement and as I say, there is no sign whatsoever of this debt on any credit file relating to myself. I would greatly appreciate any help or advice you may be able to provide please.

The £1,000 was paid as a full and final settlement to Blair, Oliver and Scott. Okay then gentlemen, do you think I should write to 1st Credit and declare the fact that this debt is statute barred?

Thank you for that Brig. The thing is that I know that it has been only five years since my last payment to the previous debt recovery company so what are the circumstances in which this debt would be statute barred? How would they go about geting a NOA on a debt if it is not actually statute barred? As I say, this debt is definately not showing in any form on my credit file - something I checked only this afternoon. Should I now write to 1st Credit and say that the debt is statute barred?

So you don't think I have anything to worry about then gentlemen? What exactly is a NOA please DX?

I do hope most sincerely you are right Boo, I have been worrying myself silly over this for ages now. What else should they have had with the CAA? I have only put up the agreement here - there were a couple of other pages where they ran security checks on my at work, details of calls verifying my address etc. but interestingly no details of terms and agreements signed for when I took out this credit card way back in 2001. What do you think that their next move now will be? I will be adding up all the details of money I can claim back this afternoon. Late payments and charges can also be claimed for as well as PPI? Thank you as ever.

I am bothered about the CAA DX. Now am wondering what the next move for 1st Credit will be and if court proceedings will commence soon? Yes, will get onto sorting out costs etc. from the SAR over the weekend - hopefully it will be a decent return as I feel it is most likely that these can be used to pay back some of the alleged debt to 1st Credit - really cannot see that will not be the case TBH.

Okay - finally after a few false starts I have managed to post the CCA. Is there any rellevance in there not being any terms and conditions with it? Is this enough for them to instigate court proceedings?

janiswhyme2.pdf

Hello again, SAR letter has come this morning and I can see there that there are many charges for payment protection insurance and also some late charges. How can I proceed in claiming some of these back. Now have scanned the CCA also and am in the process of working out how to upload this.

You too Brigadier and as ever, thank you for all your help and advice here.

Thank you Brigadier, I have written to request the SAR from HBOS (they have acknowledged the letter) and am now witing to receive the required details from them.

Thank you Brigadier. So do you think that this is S/B or not? DX seems to think so - that is why I am getting so confused here. Once they write do you think I should make some kind of an offer or just ignore. The last thing in the world I need after trying so desperately to clean up my credit file is a CCJ.